If one of the spouses dies in a joint house, how will the spouse and children inherit it?

The house is always something that one person pursues, to ensure the warmth of the family, the house that the husband and wife have joint ownership, one party dies, the spouse and children have the right to inherit, and then I will talk about how to distribute it.

1. The two parties to the marital property jointly own the house owned by the husband and wife, and each party occupies half of the property, and one person owns his own share of the property. If one party dies, then the part that belongs to oneself is still one's own, and the part of the property right of the deceased party belongs to the inheritance, and he should obtain his part of the property right.

2. The law stipulates that the first-order heirs include spouses, children and parents, and only spouses and children are mentioned here, so the first-order persons are only spouses and children. For the house generally belongs to the estate, so long to take this part of the estate to distribute, the spouse and children in total, a total of several people, divided into several equal parts, and then distributed equally, so that it is in line with the will distribution. But in any case, the one who lives in the world obtains the most property rights, and the biggest beneficiary.

3. Comply with the provisions of the lawWhen dealing with property, we must follow the provisions of the law and must not take advantage of loopholes. The death of one party has dealt a big blow to the family, and if there is a quarrel with the family because of the property, it will be a desecration of family affection. After the death, a person cannot break up the family, and should cherish the remaining family affection more, so as to be responsible.

The death of a loved one is a sad thing, and we cannot let grief turn into tragedy. The house is all outside the body, we should take the family as the core, let love guard the home, and let the rest of the people be more united. Many times, property is indeed very important, but it is not worth mentioning in front of family affection, we should cherish the hard-won family affection, and always love to keep the whole family, so that everyone is happier.

If the husband and wife jointly share the property, half of the husband and wife belong to each other, half of which goes to each other, and the remaining half is inherited by the heirs in accordance with the inheritance law. Spouses, children, and parents are all inherited in the first order, and the share of inheritance should be inherited equally.

According to the Inheritance Law, there are spouses, children, and parents in the first order, and the share of inheritance inherited by heirs in the same order shall generally be equal in accordance with the [Principles of Estate Distribution].

If there is no will, it is necessary to inherit according to the method of the first heir, and in general, the inheritance is carried out by the children.

The spouse gets half of it, and the remaining half is divided equally between the two of them, because it belongs to the inheritance, and both of them have a share.

A simple inheritance problem, the spouse first gets 50% of the property, and then the remaining 50% is inherited by the parents, children and spouses together, so that the distribution ratio of each person can be calculated, of course, if the party left a will before his death, then it will be distributed according to the will.

If one of the spouses dies in a property jointly owned by the husband and wife, it is necessary to bring the death certificate of one of the spouses to the notary office to change the ownership so that the inheritance can be made. Thank you, ......

The property in the name of the husband and wife belongs to the joint property of the husband and wife, half of the property belongs to the inheritance after the death of the man, and the estate will be inherited by you and your son and daughter.

First of all, this house is the property of the husband and wife, then the man dies, first the woman can get 50% of the house, and then the remaining 50% is divided equally by the children, spouses and parents, that is to say, the grandparents also have the right to inherit and cannot forget them, if you want to sell the house, you must agree to these people, otherwise you can't sell it.

In the case of marital property, after the death of one of the spouses, half of the property belongs to the spouse, and the other half is used as an inheritance, which is owned by the spouse and three children. No one can call the shots**.

When a child is a minor, the property is in the hands of the surviving parents, and even if they are adults, they should be in the hands of the surviving parents, and they can ask the parents for it when they need it

Hello, I'll answer you later.

If the house is shared by the husband and wife after marriage, it is a joint house after marriage, and if one of the spouses dies, it is necessary to go through the procedures of inheriting half of the property rights. The son can inherit the deceased's half of the property share, and the deceased's spouse can donate the other half of the property share to the son. In this way, the son has full ownership.

Inheritance can also be carried out through inheritance notarization or litigation. The Inheritance Law stipulates that spouses, children, and parents belong to the first in line of succession, and after the death of the decedent, the first in line of succession shall be inherited, and if there is no first in line of succession, the second in line of succession shall be inherited. There are several ways to implement inheritance:

1. Notarization through inheritance. If the heirs can reach an agreement on the inheritance and distribution of the property, they can go to the notary office to go through the inheritance notarization, and after obtaining the notarial certificate, go through the registration and transfer procedures of the relevant property. 2. Pass the judgment of the lawsuit.

If the heirs cannot reach an agreement on the inheritance and distribution of the property, one or more parties may sue the other party or parties, and the court will divide the estate according to law.

Article 10 of the Inheritance Act stipulates that "the inheritance shall be in the following order: first order: spouse, children, parents.

Second order: siblings, grandparents, maternal grandparents. After the inheritance begins, it is inherited by the first-order heirs, and the second-order heirs cannot inherit.

If there is no first-order heir, the second-order heir shall inherit. ”

I'm glad to answer for you, and I hope it helps

Spousal inheritance. Because the spouse has the first right to inherit, the property should be inherited by the spouse.

The absence of a will is legal inheritance, and the deceased's parents, spouse, and children all have equal inheritance rights. Pre-marital property is not the same as marital property, which is the entire inheritance, while the joint property of the husband and wife is first divided into half as the wife's personal ownership.

This is a simple property inheritance problem, one party dies, then as a spouse, you must first get 50% of the property, and then the remaining 50% is divided equally between the spouse's parents and children, so the specific amount of each person's share will come out with a little calculation.

Article 10 of the Inheritance Law stipulates that estates shall be inherited in the following order: first order: spouse, children, parents.

Second order: siblings, grandparents, maternal grandparents. After the inheritance begins, it is inherited by the first-order heirs, and the second-order heirs do not.

If there is no first-order heir, the second-order heir shall inherit. The term "children" in this Act includes legitimate children, illegitimate children, adopted children and dependent stepchildren. The term "parents" in this Act includes biological parents, adoptive parents and dependent stepparents.

The term "brothers and sisters" in this Law includes siblings of the same parents, half-siblings or half-siblings, adoptive siblings, and step-siblings who have a dependent relationship.

Children have the right to inheritance. Because according to the provisions of the Civil Code, a person's first-order heirs are mainly spouses, children and parents, the joint property of husband and wife, after the death of one party, the joint property can be divided into two parts, one part of which is the spouse, and the other part is inherited equally by the first-order heirs of the deceased, which also includes the deceased spouse and children.

The property certificate is the joint property of the husband and wife, and if one of the spouses dies, the children have the right to inherit the property. The order of inheritance begins with spouse, children, parents.

If there is no will, then the children have the right to inherit, first of all, the house is the joint property of the husband and wife, two people and a half, and for the death of one party, then this half is inherited by his legal heirs as his inheritance, that is, his parents, spouse and children to inherit each other, which is the absence of a will in the case of direct according to the legal inheritance, if there is a will, it is still to be interpreted according to the will.

That is for sure, the spouse and the children and the parents are the first heirs, so if one of the spouses dies, the children must have the right to inherit one-half of it, and the spouse also has it, and if the parents of the deceased party are alive, they also have the first right of inheritance, and if the children are minors at this time, then the guardian will keep the property on their behalf.

It is the joint property of the husband and wife. If one of the parties dies. Children have no right to inherit.

The property certificate is the joint property of the husband and wife, and whether the children have the right to inherit if one party dies. Children should have the right to inherit.

However, if the deceased left a will and the will is valid, and someone else is named in the will to inherit, the deceased's estate can only go to the person named in the will.

In the event of the death of either spouse, half of the joint property of the husband and wife shall be the inheritance, and the other half shall go to the surviving person. If there is no will, the estate of the deceased shall be jointly inherited by the surviving party, the children of the deceased, and the surviving parents of the deceased.

Legal analysis: If it is the spouse's personal property before marriage, the deceased's parents have no right to inherit it; In the case of joint property, the parents have the right to inherit the joint share of the decedent; In the case of the decedent's pre-marital property, the parents have the right to inherit.

The premise of the above discussion is that the decedent has not made a will, and if the decedent has a will, he inherits according to the will.

Legal basis: Civil Code of the People's Republic of China

Article 1122:Inheritance is the lawful property left behind by a natural person when he or she dies.

An inheritance that is not allowed to be inherited in accordance with the law or by its nature shall not be inherited.

Article 1123: After the commencement of inheritance, it shall be handled in accordance with the statutory succession; If there is a will, it shall be handled in accordance with the testamentary inheritance or bequest; Where there is a bequest and maintenance agreement, it shall be handled in accordance with the agreement.

Article 1127 Inheritance shall be inherited in the following order:

1) First order: spouse, children, parents;

2) Second order: siblings, grandparents, maternal grandparents.

After the inheritance begins, it is inherited by the first-order heirs, and the second-order heirs do not. If there is no first-order heir, the second-order heir shall inherit.

For the purposes of this Part, the term "children" includes legitimate children, children born out of wedlock, adopted children and dependent stepchildren.

For the purposes of this Part, the term "parents" includes biological parents, adoptive parents and step-parents in a dependent relationship.

The term "siblings" as used in this Part includes siblings of the same parents, half-siblings or half-siblings, adoptive siblings, and step-siblings who have a dependent relationship.

Legal Analysis: After the death of one party, half of the house belongs to the surviving person, and the other half is the estate of the deceased for inheritance. Half of the property for inheritance:

If the deceased has a will or bequest agreement, it is treated as a will or agreement; If there is no will or bequest agreement, the legal succession shall be carried out by the surviving party, all the children of the deceased, and the parents of the deceased who were still alive at the time of the deceased's death.

Legal basis: Article 1123 of the Civil Code After the commencement of inheritance, it shall be handled in accordance with statutory inheritance; If there is a will, it shall be handled in accordance with the testamentary inheritance or bequest; Where there is a bequest and maintenance agreement, it shall be handled in accordance with the agreement.